A homeowner who is selling up after a long dispute with a cannabis-smoking neighbour has asked whether they must tell buyers, in a question put to Sky Money. The story was first reported by Cornwall Live and also appeared on WalesOnline.

The viewer said the neighbour had been moved on by the housing association after two years of problems, but that a final decision from the Housing Ombudsman on the association’s handling of the case was still outstanding.

What the estate agent said

David Cooper, a director at Redbrik estate agents, said disclosure depends on the circumstances. If the matter was formally reported as a neighbour dispute, he said, it may need to be declared.

"However, if the dispute has been resolved, there is generally no legal obligation to disclose it," he said. He added that, because the ombudsman had not reached a final decision, the matter looked to be ongoing. In cases of uncertainty, he said, being transparent is "often the safest approach".

The law on cannabis next door

The report notes that cannabis remains a Class B drug under the Misuse of Drugs Act 1971, and that possession can carry up to five years in prison. Specialist doctors have been able to prescribe cannabis-based medicines since 2018, but a lawyer quoted in the piece said medicinal cannabis cannot be smoked.

The lawyer rejected what she called an urban myth that smoking cannabis is allowed on private property. "Like many myths, this simply isn’t true," she said. She said police typically issue on-the-spot fines for possession, usually £90, though they can give a warning instead. Supply can bring up to 14 years in prison, an unlimited fine or both.

The report says police have previously confirmed that many forces do not target personal use, and that recorded possession offences have fallen sharply. Police have said they will not tolerate cannabis being smoked in front of vulnerable people such as children, or near schools and colleges. Forces continue to focus on commercial production and cannabis factories, and people can report concerns anonymously through Crimestoppers on 0800 555 111.

Landlords and councils

Where a neighbour rents, the report says the landlord can be told. A spokesman for the National Landlords Association said landlords who suspect cannabis use should arrange a visit, with advance warning given to the tenant, and remind them that such use breaches the tenancy agreement. Chris Norris of the association said landlords should also get to know local residents, who may notice signs of use.

Councils can investigate smoke as a statutory nuisance under the Environmental Protection Act 1990 if it unreasonably and substantially interferes with the use or enjoyment of a home and is, or is likely to be, harmful to health. The lawyer said there is no strict definition of nuisance. She said a council would probably refer the matter to police, because an abatement notice stops the smoke but does not address the illegality of cannabis use.

Neighbours are not the only thing a buyer cannot see on a viewing. A drain inspection when buying a house can show hidden faults before contracts are exchanged.

The article is general guidance rather than legal advice, and anyone in a similar position should seek advice specific to their circumstances.